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War confirms that the appeal in Article 50 of the Budget Law must be based on a violation of the Constitution
3/8/15
Baghdad /...cd legal expert Tariq Harb, Sunday, that the central bank was stabbed in Article 50 of the Budget Law can not be considered by the competent courts only if the appeal founded on the violation of the Constitution.
He said the war in a statement: "Ein Iraq News" received a copy of it, that "the Central Bank to provide a challenge to Article 50 of the budget law should be based and is based on the violation of the provisions of the Constitution," explaining that "the validity of the Federal Supreme Court under Article 93 relating to the control of the constitutionality of laws and Chapter the issues that arise from the application of laws and not of laws and switch it off. "
He noted that "Article 13 of the Constitution provides that it may not be the age of" legislation "law inconsistent with the Constitution and is null and void all the text contained in any law inconsistent with the Constitution and so the constitutional basis is the essence of the work of the Supreme Court, a constitutional court to consider laws or provisions contained in the Constitution and the laws go against his wishes would not oppose her of violating the law of another law. "
He explained that "contrary to the law of the jurisdiction of the Administrative Court and other courts and therefore contrary budget to the provisions of the Central Bank Law No. 56 of the Law for the year 2004 can not be a reason to override the provisions of Article 50 and that" the central bank law cited in the second article the full independence of the bank and not financial and administrative autonomy just as Article 103 of the Constitution that the bank also decided to formulate and implement monetary policy and the acquisition of foreign reserves and provide liquidity for banks in accordance with Article IV of the Central Bank Act. "
He stressed that "the Bank by the search for an offense in Article 50 of the rule of articles of the constitution remarkable that the appeal if it received from the government before the Supreme Federal Court, it would be acceptable and the issue the court ruled in favor of the government if the government proved that the bill sent to parliament, which was not the rule Article 50 and that this provision add parliament which violates the provisions of Article 62 of the Constitution. "
It is said that Article 50 of the Budget Law has identified an amount not exceeding $ 75 million for sale daily at the central bank auction sales and tightened procedures so that standing in front of buying and selling phantom without any special introduction of goods tax and settling accounts and savings customs documents.
The central bank announced on Saturday he would appeal the Federal Court in connection with Article 50 of the Budget
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